South Carolina General Assembly
113th Session, 1999-2000

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Bill 4337

Indicates Matter Stricken
Indicates New Matter

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

Indicates Matter Stricken

Indicates New Matter

COMMITTEE REPORT

February 9, 2000

H. 4337

Introduced by Reps. Wilkins, Quinn, Cato, Haskins, Loftis, Tripp, Vaughn and Riser

S. Printed 2/9/00--H.

Read the first time January 11, 2000.

            

THE COMMITTEE ON JUDICIARY

To whom was referred a Bill (H. 4337), to amend Section 61-6-2010, as amended, Code of Laws of South Carolina, 1976, relating to the issuance of temporary permits to sell alcoholic liquors, etc., respectfully

REPORT:

That they have duly and carefully considered the same, and recommend that the same do pass with amendment:

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/ SECTION 1. Section 61-6-2010(C) of the 1976 Code, as last amended by Act 462 of 1996, is further amended to read:

"(C)(1) Permits authorized by this section may be issued only in those counties or municipalities where a majority of the qualified electors voting in a referendum vote in favor of the issuance of the permits. The county or municipal election commission, as the case may be, shall conduct a referendum upon petition of at least ten percent but not more than twenty-five hundred five thousand qualified electors of the county or municipality, as the case may be, in not less than thirty nor more than forty days after receiving the petition. The petition form must be submitted to the election commission not less than one hundred twenty days before the date of the referendum. The names on the petition, which must be the petition form provided to county election officials by the State Election Commission, must be certified by the election commission within sixty days after receiving the petition form. In the case of a municipal referendum, the municipal election commission must hold the referendum on the first Tuesday after the first Monday in November of each year or at the next scheduled municipal or countywide general election, whichever is sooner. In the case of a county referendum, the county election commission must hold the referendum on the first Tuesday after the first Monday in November of each year or at the next scheduled countywide general election, whichever is sooner. The election commission shall cause a notice to be published in a newspaper circulated in the county or municipality, as the case may be, at least seven days before the referendum. The state election laws shall apply to the referendum, mutatis mutandis. The election commission shall publish the results of the referendum and certify them to the South Carolina Department of Revenue. The question on the ballot shall read substantially as follows:

'Shall the South Carolina Department of Revenue be authorized to issue temporary permits in this (county)(municipality) for a period not to exceed twenty-four hours to allow the possession, sale, and consumption of alcoholic liquors in sealed containers of two ounces or less to bona fide nonprofit organizations and business establishments otherwise authorized to be licensed for sales?'

(2) A referendum for this purpose may not be held more often than once in forty-eight months.

(3) The expenses of any such referendum must be paid by the county or municipality conducting the referendum."

SECTION 2. This act takes effect July 1, 2000. /

Amend title to conform.

JAMES H. HARRISON, for Committee.

STATEMENT OF ESTIMATED FISCAL IMPACT

ESTIMATED FISCAL IMPACT ON GENERAL FUND EXPENDITURES:

Minimal (Some additional costs expected but can be absorbed)

ESTIMATED FISCAL IMPACT ON FEDERAL & OTHER FUND EXPENDITURES IS:

$0 (No additional expenditures or savings are expected)

EXPLANATION OF IMPACT:

The South Carolina Election Commission states that the cost of providing the petition forms is minimal and can be absorbed by the agency. Also, after the petitions are received they are forwarded to county registration boards to be verified.

LOCAL GOVERNMENT IMPACT:

Enactment of this bill would have a minimal impact on the counties which can be absorbed within existing resources.

Approved By:

Don Addy

Office of State Budget

A BILL

TO AMEND SECTION 61-6-2010, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF TEMPORARY PERMITS TO SELL ALCOHOLIC LIQUORS, AFTER A FAVORABLE REFERENDUM, SO AS TO DELETE THE REQUIREMENT THAT THE LOCAL ELECTION COMMISSION CONDUCT THE REFERENDUM NOT LESS THAN THIRTY NOR MORE THAN FORTY DAYS AFTER RECEIVING THE PETITION, TO REQUIRE A BOND OR GUARANTEE TO ACCOMPANY THE PETITION TO BE USED TO REIMBURSE THE COUNTY UNDER CERTAIN CONDITIONS, TO REQUIRE THE PETITION FORM PROVIDED TO COUNTY OFFICIALS BE USED, TO REQUIRE THE ELECTION COMMISSION TO CERTIFY THE NAMES ON THE PETITION WITHIN THIRTY DAYS FROM ITS RECEIPT, AND TO REQUIRE THE REFERENDUM TO BE CONDUCTED NOT LESS THAN NINETY DAYS AND NOT MORE THAN ONE HUNDRED TWENTY DAYS FROM THE DATE THE PETITION IS CERTIFIED, OR AT THE NEXT GENERAL ELECTION WHICHEVER IS SOONER.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. Section 61-6-2010(C) of the 1976 Code, as last amended by Act 462 of 1996, is further amended to read:

"(C)(1) Permits authorized by this section may be issued only in those counties or municipalities where a majority of the qualified electors voting in a referendum vote in favor of the issuance of the permits. The county or municipal election commission, as the case may be, shall conduct a referendum upon petition of at least ten percent but not more than twenty-five hundred qualified electors of the county or municipality, as the case may be, in not less than thirty nor more than forty days after receiving the petition. The names on the petition, which must be the petition form provided to county election officials by the State Election Commission, must be certified by the election commission within thirty days after received. The referendum must be conducted not less than ninety days and not more than one hundred twenty days from the date the petition is certified, or at the next general election, whichever is sooner. A bond or financial guarantee in the amount of fifty thousand dollars must accompany the petition. If the number of signatures on the petition is determined to be insufficient, the bond or guarantee must be used to reimburse the county for all expenses incurred associated with preparing the referendum. Any remaining funds from the bond or guarantee must be returned to the entity submitting it. The election commission shall cause a notice to be published in a newspaper circulated in the county or municipality, as the case may be, at least seven days before the referendum. The state election laws shall apply to the referendum, mutatis mutandis. The election commission shall publish the results of the referendum and certify them to the South Carolina Department of Revenue. The question on the ballot shall read substantially as follows:

'Shall the South Carolina Department of Revenue be authorized to issue temporary permits in this (county)(municipality) for a period not to exceed twenty-four hours to allow the possession, sale, and consumption of alcoholic liquors in sealed containers of two ounces or less to bona fide nonprofit organizations and business establishments otherwise authorized to be licensed for sales?'

(2) A referendum for this purpose may not be held more often than once in forty-eight months.

(3) The expenses of any such referendum must be paid by the county or municipality conducting the referendum."

SECTION 2. This act takes effect upon approval by the Governor.

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